Stock-theft bill to consider juvenile security
Goitsemodimo Kaelo | Friday February 1, 2019 13:46
Minister of Defence, Justice and Security, Shaw Kgathi presented the Bill to NYD on Monday.
The Bill seeks to increase penalties for stock-theft offences and to make a provision for the confiscation of instruments used in the commission of stock-theft necessitated by the rampant cases of stock-theft countrywide. Last Tuesday, Dikgosi resolved to allow the Bill to be debated in Parliament and agreed that it was high time stiffer penalties were imposed on offenders who steal livestock.
However, they warned that while the law should be tightened to impose stiffer penalties, it should also look at the protection of people whose rights are protected by the constitution such as juvenile offenders. Dikgosi resolved that it was important that the law should do away with minimum sentences as it takes away the prerogative from presiding officers in making their own determination. Kgosi Kgomotso Boiditswe of Serowe Region argued that magistrates and judicial officers should be able to make a determination and pass sentence on case-by-case merits while also looking at the issues of children.
“Prison is not good for children. And if we insert the minimum sentence, then we are saying magistrates should send these children to jail. But they should use their determination and maybe give corporal punishment, which is reasonable for children, and sentence them to community service,” he said.
Kgosi Sekgoma Moipolai of North East also agreed that the minimum sentence is very restrictive and would not be good for children. “The law should build, especially for first offenders and children. In some instances, magistrates could just mete out lighter sentences, but if there is that minimum sentence, it takes away that decision-making from the judicial officers,” he said.
Kgosi Mosadi Seboko of Balete said that the Bill is meant to fight stock-theft, not to punish anyone.
“I want to believe that this Bill speaks to us, including magistrates and judicial officers. And we will take it seriously and pass sentences that fight stock-theft and not punish but build people. We take into consideration the rights of children, who should be protected at all times by the law,” she said.
Minister Kgathi said that the purpose of the Bill is not to be punitive but reconstruct to people. He said that the Bill also gives the leeway to be flexible to look at reasons and make one’s own determination.
“Every year, I receive requests through the parole board for people to be paroled. There are a lot of children in prisons who have committed stock-theft crimes and are languishing in jail. But I must say that I am happy with the resolutions made by the House,” he said.
The Bill also seeks to amend Section 3 of the Stock Theft Act by separating the offence of theft of stock from that of receiving stolen stock; increasing the maximum penalty for stealing stock or produce from 10 to 12 years for a first offence and 15 years for a second or subsequent offence. It also seeks to delete Section 3(5) of the Stock Theft Act, which was struck down by the Court of Appeal in the case of Mooketsi Vs The State in which it held that the section is contrary to Section 7 of the Constitution.
The Bill further increases the maximum penalty for stealing of stock or produce from 10 years to 12 years for a first offence and 15 years for a second or subsequent offence. It also substitutes the words ‘not less than five years or more than 10 years without the option of a fine’ with the words ‘not more than 12 years’ and the words ‘not less than seven years or more than 14 years without option of a fine’ with the words ‘not more than 15 years’.